HomeMy WebLinkAbout2009-10-20 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 20, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Andy Daly
Farrow Hitt
Kim Newbury
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Town Manager's Report.
Town Manager Stan Zemler reported a joint meeting with the Town Council, Planning
and Environmental Commission (PEC), Design Review Board (DRB), Vail Local Housing
Authority (VLHA) and the Timber Ridge Affordable Housing Committee (TRAHC) had
been set for Tuesday, October 27, at 2:00 p.m. in the Town Council Chambers.
Additionally, Kim Newbury reminded everyone the town's annual food drive ended on
Friday, October 23rd.
The third item on the agenda was Resolution 22, Series of 2009. A resolution in support
of the Energy Smart Loan program, a ballot measure to be posed to voters on November
3rd, 2009, which will allow Eagle County to provide bonding authority to issue low
interest loans to residents for energy efficiency and renewable energy improvements on
their homes and allow the participants to repay these loans through property taxes.
Kristen Bertuglia, the town's Environmental Sustainability Officer, opened the discussion
based on the background supplied in the Council packet. Daly asked why the town had
to opt in? Bertuglia responded that the County could not allow participation in the
program unless the town approved it. Matt Scherr with the Eagle Valley Alliance for
Sustainability explained this tool would allow repayment and financing for environmental
improvements to someone's home, with the homeowner, in many cases, seeing an
immediate energy savings, and the repayment tied to the property itself. Gordon asked
whether there was any financial liability for the town and was told there was not. Schere
went on to say the program would probably happen in the spring, assuming there was a
positive vote in November. Brian Sipes likened this Local Improvement District (LID) to
Tax Increment Financing (TIF), allowing capital infrastructure to be improved with a
financing mechanism in place. Mike Cacioppo suggested this program did not pass the
smell test and only created bigger government. Ron Aldrich, an East Vail resident, said
this was a tremendous program which would hep fight global warming and would help
the construction industry during this recession. Scott Proper suggested there were other
traditional financing options to support these efforts. Cleveland was concerned the
county was taking on debt and had questions about operational costs. He said the
project should be "farther along." Foley agreed the Council should wait to see if it
passes and that he agreed with Minturn's stance. Gordon moved to approve Resolution
22 as read, with a second from Newbury. The vote was 3-3, Gordon, Newbury and Daly
in favor (Rogers absent) so the vote was defeated.
The fourth item on the agenda was the Initial review of parking feasibility concepts for
Ford Park.
Greg Hall opened the presentation stating Council had previously requested staff to
determine if underground parking was feasible at Ford Park and at what cost. Carlos
Hernandez with Fehr and Peers went through a series of demonstrations stating how
many people were on the site, at what time of day and how this affected the Village and
LionsHead Parking Structures. He also concentrated on how they arrived at the park. In
response to how the park is managed, he stated use of existing parking facilities would
be key, as well transitioning visitors from driving to transit, walking and biking. He also
stated to supplement the current and future uses during the summer programming at
peak times would require an increase in parking of between 400-800 spaces. Jana
McKenzie with EDAW/AECOM provided background on goals, issues and next steps.
The lack of a formal entrance to the park was discussed as each of the parking
scenarios was laid out, along with issues arising from multiple user groups and venues
in the park. Project goals included: Define the number of parking spaces; maintain park
functions; improve overall design quality of Ford Park; improve pedestrian access;
balance parking needs with programming; improve safety; identify a potential site for a
future civic site; and minimize impact during construction. Existing conflicts center
around pedestrian access; drop off and arrival; conflicts between user groups and
overlapping events, vehicle noise from 1-70; and functional challenges for events on the
existing play fields. Under public input, John Becker suggested a winter solution through
a demountable space solution. Ann Kurronen, Executive Director of the Betty Ford
Alpine Gardens, asked all user groups be brought into the process as this moves from
an academic discussion to a "go forward" basis. Tom Steinberg said to be wary of
aritificial turf referring to a New York City recent report on high temperatures recorded.
He also suggested Vail Resorts look at their parcel to the south of Ski and Snowboard
Vail which could provide 3-4 levels of parking. Joe Staufer said the town should not
accommodate the day skier for Vail Resorts. Mike Cacioppo said Vail Resorts needs to
pay their fair share. Jim Lamont with the Vail Homeowner's Association said this current
look at the park was breaking new ground but asked what the "normal," not peak, day of
parking in the summer required. He suggested adding a premier parking program for
park users. Foley asked if it was feasible to add an additional two decks to the
LionsHead Parking Structure. Daly stated no more money should be spent on planning
until: land use constraints and defining documents were reviewed; Vail Resorts (VRI) is
brought into the conversation; user groups are brought in together; and a determination
of capacity at Golden Peak was established. Hitt suggested while it was tempting to put
in as much parking as possible, transit should be improved, VRI should be involved and
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the town not lose sight of the $4.3M VRI parking obligation. Newbury said the actual
need for additional parking at Ford Park must be determined. Gordon stated we should
not lose sight of one of the original key successes that brings parks, walkways and right-
of-way through retail areas. Increased parking at Ford Park would not necessarily
accomplish this. Cleveland wanted to continue the master planning process to explore
current and prospective uses in the park and to keep the emphasis on the summer.
Since this was the first look at the possible scenarios, staff said they would continue to
refine and address the issues brought up.
The fifth item on the agenda was the recommendations of the Parking Task Force for
2009-2010 winter parking season.
Public Works Director Greg Hall presented an overview, slightly revised from the
previous presentation, of the recommendations of the Parking Task Force for 2009-
2010. A new program currently approved by the Colorado Department of Transportation
(CDOT) which will allow permit parking on the Frontage Roads in certain parts of town:
across from the Children's Garden of Learning will accommodate 40 spaces and west of
the Shell Station in West Vail will provide approximately 100 spaces. The Pink Pass will
be raised from $100 to $150 for season and is good for Ford Park and the Soccer Field
parking lot. The Wendy's lot will equivalent to the Frontage Road price at $100 Monday
through Friday and will remain free on Saturday and Sunday. A grace period of 15
minutes was recommended for the Value Card/Shopper parking on the top deck of the
Village parking structure and the middle south deck of the LionsHead structure. Tom
Steinberg asked if his request to use the west service road at Ford Park had been
review, and for various reasons, it was not deemed viable. Foley asked Council whether
he had their support to request ECO and the school district make the former Battle
Mountain High School parking lot available this winter for park 'n ride and was given a
thumbs up. Newbury moved to approve with a second from Daly. The motion passed
unanimously, 6-0.
The sixth item on the agenda was the First reading of Ordinance No. 22, Series of 2009,
an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical
marijuana dispensaries as a conditional use in the Commercial Core III, Arterial
Business, General Use, and Commercial Service Center Districts.
The Vail Town Council has voted against regulating medical marijuana dispensaries
within the town. By voting 5-1, Hitt opposed, against first reading of an ordinance that
would have allowed the dispensaries as a conditional use in certain zone districts, the
action prevents such businesses from locating within the town. Prior to the vote, the
council heard from several citizens who shared concerns about the appropriateness of
medical marijuana dispensaries within the resort community, concerns that were also
expressed by Police Chief Dwight Henninger. In voting against the ordinance, the
council also clarified that medical offices and pharmacies are prohibited from becoming
a medical marijuana dispensary within the town. Citing the evolving nature of the issue,
the council asked to monitor an information -gathering process initiated by the Colorado
Municipal League to determine if additional considerations will be needed in the future.
Newbury moved to approve, with a second from Foley.
The seventh item on the agenda was the Second Reading of Ordinance No. 18, Series
of 2009, an ordinance repealing and re-enacting Chapter 10, Building Codes, Vail Town
Code; adopting by reference the 2009 editions of the International Building Code,
International Residential Code, International Fire Code, International Mechanical Code,
International Plumbing Code, International Fuel Gas Code, International Energy
Conservation Code, International Performance Code;2008 edition of the National
Electrical Code; 1997 edition of the Uniform Code for the Abatement of Dangerous
Buildings and with regard to the above described codes, adopting certain appendices.
The eighth item on the agenda was the Second reading of the 2010 Budget Ordinance
No. 19, Series 2009.
Gordon stated he would not accept a reduction to the buy down program in that one of
the Council's three primary goals was work force housing. Hitt suggested while it was
still a priority, perhaps it was not so much of one in this economy. He also said the town
didn't want to lose the opportunity in this economy to purchase when the cost is lower.
Cacioppo stated the inclusion of the new fire station and staffing would serve this
comunity well. Staff clarified that the fire station was included in the capital budget.
Foley noted he would vote against this ordinance because of the 61/39 sales tax
revenue split between operating and capital, noting capital improvements were vital.
Gordon made a motion to approve the ordinance as read, with a second from Hitt. The
motion failed 2-4 (Gordon and Hitt in favor). Newbury suggested offsetting the $500,000
2010 buy down expenditure with $186,000 of employee housing pay -in -lieu revenue
(received from development projects in 2009). Halloran and Camp explained that this
change would not affect the budget ordinance, but agreed to alter the capital budget
worksheet to reflect Council's direction. The resulting buy down line item would be
broken into two line items: $314,000 paid for directly from the capital projects funds and
$186,000 paid for by the pay -in -lieu revenue collected in 2009 (also recorded in the
capital projects fund). Newbury then moved to approve the budget with that one
change to capital and to amend the budget detail sheet, with Daly seconding that
motion. The motion passed 5-1 (Foley opposed).
The ninth item on the agenda was the Second Reading of Ordinance No. 20, Series of
2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006,
establishing Special Development District (SDD) No. 39, Crossroads, and setting forth
details in regard thereto.
Newbury moved to approve second reading of Ordinance 20, with Daly seconding. The
motion passed unanimously, 6-0. For details, contact Warren Campbell at 479-2460.
The tenth item on the agenda was Resolution No. 24, Series of 2009, A Resolution
Approving the Pre -Development Agreement Between the Town of Vail, Colorado,
Timber Ridge Affordable Housing Corporation and Vail Timber Ridge LLC Regarding the
Redevelopment of the Timber Ridge Property; and Setting Forth Details in Regard
Thereto.
Town Attorney Matt Mire introduced the Resolution by stating the pre -development
agreement between the Town of Vail and Vail Timber Ridge LLC established terms for
the predevelopment process and parameters for the eventual development of the
property for employee housing. The terms: a long term lease where the TOV retains
ownership of the parcel; a one one-time up front payment of $11 M to the town; a
commitment to submit a complete development application to the TOV by April 1, 2010;
the development shall include 359 Employee Housing Units (EHUs), capable of housing
570 beds (individuals); the TOV will refund the town's construction use tax and waive all
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other building and inspection fees; the TOV will share in the cost of rock fall mitigation if
any is required; and both the TOV and Timber Ridge LLC agree to conduct at least one
pre -applicant conference with the Town Council, the DRB, and the PEC prior to
submitting the initial development application. None of the above groups will be bound
by discussions in this predevelopmet conference. Two minor verbiage changes were
added in Section 3(i) and 2G. Daly moved to approve Resolution No. 24 as amended,
with a second from Newbury. The motion passed unanimously, 6-0.
The eleventh item on the agenda was Resolution No. 25, Series of 2009, A Resolution
Approving the Development Option Agreement Between the Town of Vail, Colorado, and
OHP Vail One, LLC, Regarding the LionsHead Parking Structure Development Option
Agreement; and Setting Forth Details in Regard Thereto.
Attorney Matt Mire introduced the Resolution 25. Mark Masinter, a principle in the OHP
Vail One, LLC, stated he was committed to support the agreement. Kristen Williams
with VRI stated a commitment to lift the deed restriction had been published in the Vail
Daily and VRI was willing to be flexible. However, she stated a five year agreement was
too long and would not allow opportunities for other growth to occur. Gwen Scalpello
said the community was never really allowed to "vet" the concept. Council discussion
surrounded termination by either the town or the Developer and examining a better
defined use for non-commercial and potentially extending the building permit expectation
from 24 months to 32 months. Hitt moved to approve the resolution as read with a
second from Gordon. Foley stated he would vote no because the LionsHead Parking
Structure should remain a parking structure. Cleveland said he would vote against it
because of the existing deed restriction. Daly said he would also vote against the
resolution because he couldn't support tying up this asset. The vote failed 3-3 (Foley,
Cleveland, Daly against). Farrow moved to table the resolution to November 3 with a
second from Gordon. The motion passed 5-1 (Cleveland opposed).
The twelfth item on the agenda was adjournment.
There being no further business, Foley moved to adjourn with a second from Newbury.
The motion passed unanimously, 6-0. The meeting adjourned at 10:25 p.m.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk